This chapter is known and may be cited and referenced as the
"Civil Emergency Preparedness Ordinance of the Town of Kittery," as
authorized under 37-B M.R.S. §§ 781 through 834, as
enacted by P.L. 1983, c. 460.
It is the intent and purpose of this chapter to establish an
agency that will ensure the complete and efficient utilization of
all of the Town's resources in efforts to mitigate and respond to
natural and man-made disasters. The Kittery Emergency Management Agency
is the coordinating agency for all activity in connection with civil
emergency preparedness.
The following definitions apply in the interpretation of this
chapter:
CIVIL EMERGENCY PREPAREDNESS
The preparation for and the carrying out of all emergency
functions, other than functions for which military forces are primarily
responsible, to minimize and repair injury and damage resulting from
disasters or catastrophes caused by enemy attacks, sabotage, riots
or other hostile action, or by fire, flood, earthquake or other natural
or man-made causes. These functions include, without limitation, firefighting,
police, medical and health, emergency welfare, rescue, engineering,
air raid warning and communications services; radiological, chemical
and other special weapons defense; evacuation of persons from stricken
areas; economic stabilization; allocation of critical materials in
short supply; emergency transportation; existing or properly assigned
functions of plant protection; other activities related to civilian
protection and necessary to the preparation for carrying out these
functions.
DEPUTY DIRECTOR
The Deputy Director of the Emergency Management Agency, appointed
by the Director.
DIRECTOR
The Director of the Emergency Management Agency, appointed
as prescribed by this chapter.
DISASTER
The occurrence or imminent threat of widespread or severe
damage, injury or loss of life or property resulting from any natural
or man-made cause, including, but not limited to, fire, flood, earthquake,
wind, storm, wave action, oil spill or other water contamination requiring
emergency action to avert danger or damage, epidemic, air contamination,
blight, drought, critical material shortage, infestation, explosion,
riot or hostile military or paramilitary action.
EMERGENCY MANAGEMENT AGENCY FORCES
The employees, equipment and facilities of all Town departments,
boards, institutions and commissions; and in addition, includes all
volunteer personnel, equipment and facilities contributed by or obtained
from volunteer persons or agencies.
LOCAL
Restricted to the geographic boundaries of Kittery and the
municipalities adjacent to it.
REGULATIONS
Includes plans, programs and other emergency procedures deemed
essential to civil emergency preparedness.
Whenever a local disaster exists or appears imminent, the Town
Manager, or the person duly appointed by the Council to act in the
absence of the Town Manager, by proclamation, is to declare that fact
and that an emergency exists in the municipality. A copy of the proclamation
is to be posted in the same manner as the warrant calling a Town meeting
and a copy of the proclamation filed with the Town Clerk. Local representatives
of the media are to be contacted and informed about the proclamation
as soon as possible.
Whenever satisfied that a local emergency or disaster no longer
exists, the Town Manager shall terminate the emergency proclamation
by another proclamation. That proclamation must be published in local
newspapers and posted in the same manner as the warrant calling a
Town meeting. Local representatives of the media must be informed
of the termination of the emergency as soon as possible.
The Director of the Emergency Management Agency is responsible
to the Town Manager regarding all phases of emergency management activity.
Under the supervision of the Manager, the Director is responsible
for the planning, coordination and operation of the emergency management
activity in the Town. Under supervision of the Manager, the Director
maintains liaison with the county, state and federal authorities and
the authorities of other nearby political subdivisions as to ensure
the most effective operation of the Emergency Management Agency plan.
Duties include, but are not limited to, the following:
A. Coordinating the recruitment of volunteer personnel and agencies
to augment the personnel and facilities of the Town for civil emergency
preparedness purposes.
B. Development of plans for the immediate use of all the facilities,
equipment, manpower and other resources of the Town for the purpose
of minimizing or preventing damage to persons and property and protecting
and restoring to usefulness, governmental services and public utilities
necessary for the public health, safety, welfare.
C. Negotiating and concluding agreements with owners or persons in control
of buildings or other property for emergency management purposes and
designating suitable buildings as public shelters.
D. Through public informational programs, educating the civilian population
as to actions necessary and required for the protection of persons
and property in case of enemy attack or disaster, as defined herein,
either impending or present.
E. Conducting public practice alerts to ensure the efficient operation
of the Emergency Management Agency forces and to familiarize residents
with emergency management regulations, procedures and operations.
F. Coordinating the activity of all other public and private agencies
engaged in any emergency management activity.
G. Assuming such authority and conducting such activity as the Town
Manager may direct to promote and execute the emergency preparedness
plan.
A comprehensive emergency operations plan is to be adopted and
maintained by resolution of the Council upon recommendation by the
Town Manager.
It is unlawful for any person to violate any of the provisions
of this chapter or of the regulations or plans issued pursuant to
the authority contained herein, or to willfully obstruct, hinder or
delay any member of the Emergency Management Agency, as herein defined,
in the enforcement of the provisions of this chapter or any regulation
or plan issued thereunder.
Any person, firm or corporation violating any provision of this chapter or any rule or regulation promulgated thereunder, upon conviction thereof, will be assessed a penalty under Title 1, Chapter
1.3.